COMMUNITY FACILITIES
REFORM TO PROTECT LOW-DENSITY NEIGHBORHOOD CHARACTER
IS PASSED BY CITY PLANNING COMMISSION

July 28, 2004 - The City Planning Commission (CPC)
today unanimously voted to approve zoning reform to
better regulate community facilities such as medical
offices and houses of worship and reduce their undesired
effects on low density residential neighborhoods. The
proposed changes complement the Bloomberg administration’s
other zoning initiatives to protect the character of
the city’s suburban style residential neighborhoods
The CPC approved the zoning change, proposed jointly
by the Department of City Planning and the City’s
Council’s Land Use Committee, and sent it on
to the City Council for final review. The Council is
expected to vote on the measure in August.

The amendment is designed to bring relief to communities
from increasingly large medical offices that have been
permitted as of right under current zoning, raising
traffic and other neighborhood concerns. It changes
parking requirements for houses of worship that have
become increasingly more regional but have not provided
adequate parking, burdening lower density neighborhoods.
At the same time, the zoning amendment recognizes the
value of such community facilities, and, with changes
to minimize land use conflicts, creates new opportunities
for them to locate in districts that can more easily
accommodate their size and parking requirements. The
joint effort of the Council and City Planning on this
measure underscores the importance of the issue to
low density neighborhoods in the city.

"We are delighted to partner with the Council
on this zoning text change to protect the character
of our neighborhoods by reducing land use conflicts
from community facilities such as health care offices
and houses of worship. As the nature and size of health
care practices has changed, so too must the zoning
adapt to accommodate needed facilities in ways that
are less problematic for residential communities. It
is important to protect our lowest density residential
neighborhoods from facilities that have expanded to
regional proportions," said Ms. Burden, Chair
of the Planning Commission. "Input received during
the public review process has helped us improve the
proposal, which is an important first step in solving
the conflicts between such facilities and their surrounding
communities."

City Council Land Use Committee Chair Melinda Katz,
said, "This is a great step in providing much
needed relief to our communities. I am proud of the
exchange between the council, the administration and
the public in order to generate a solid solution that
benefits so many of our neighborhoods. Adapting zoning
changes to ensure the stability of our city's ever-changing
communities is, and must continue to be, a city priority."

"Today is a big step forward in amending the "Community
Facilities" part of the zoning code to improve
the quality of life in low density residential communities
throughout the city," said Council Member Tony
Avella, Chair of Zoning and Franchises for the City
Council. "Having made this a priority issue since
my election, I am extremely pleased that we have reached
this point in the public review process. I look forward
to continuing to work with Chair Burden on the proposed
text changes when it comes before my committee in the
next state of the process."

The key changes in the citywide community facilities
regulations include:

• Increasing off-street parking requirements for houses
of worship, distinguishing between those that serve
a local vs. regional audience and adding flexibility
for houses of worship to meet these new requirements;
• Prohibiting large medical facilities in single family
districts and restricting their size in one- and two-family
districts;
• Eliminating or reducing permission for certain community
facilities to obstruct rear yards;
• Requiring parking lots for community facilities with
10 or more spaces to be screened with planting strips
in lower density districts;
• Permitting houses of worship as-of-right in M1 districts.
• Increasing the allowable size of community facilities
in commercial districts mapped within R3-2 districts
• Amending use regulations for houses of worship, ambulatory
health care facilities, and clarifying that college
or school dormitories are limited to students.

The changes are intended primarily to limit the size
of certain community facilities, and their related
parking and traffic impacts, in the city's lowest density
residential neighborhoods while continuing to allow
them ample opportunities to locate where land use conflicts
would be minimized.

Medical Offices
An array of health care providers, many of whom partner
in larger, traffic-generating practices, would be
prohibited in R1 and R2 districts. In all other single-
and two-family districts, the size of offices would
be limited to 1,500 square feet and larger practices,
up to a maximum of 10,000 square feet, would require
a Board of Standards and Appeals (BSA) special permit.

Houses of Worship
The parking problems often associated
with houses of worship in low density neighborhoods
would be alleviated
under the new rules, resulting in a better match between
the demand a facility creates for off-street parking,
and the amount of parking provided. In lower density
residence (R1 through R5) districts, parking requirements
will be based on "persons rated capacity" of
the largest room of assembly in a house of worship,
rather than the current standard, "fixed seats." Under
existing zoning, few or no parking spaces are provided
at many houses of worship in these auto-oriented neighborhoods
because they are designed without fixed seats, relying
instead on movable chairs. Yet these facilities often
attract large numbers of people who travel by car from
well beyond the neighborhood, creating traffic and
parking problems.

The zoning change passed today would enable local
houses of worship demonstrating that 75 percent of
the congregation lives within three-quarters of a mile
of the facility, to apply for a City Planning certification
waiving the parking requirement. The CPC proposed this
administrative mechanism for the waivers in response
to public testimony and requests by elected officials
and community organizations. In addition, houses of
worship that provide parking off-site or shuttle service
that does not tax local parking capacity could apply
to the Board of Standards and Appeals for a waiver
of the requirement.

The new regulations also make it easier to locate
houses of worship in light manufacturing districts.
New adult uses in these districts would be prohibited
from locating within 500 feet of new or existing houses
of worship.

Rear Yard Construction
In order to better preserve
light and air to adjoining residences and rear yard
views, as well as preserve
neighborhood character, the proposal would extend the
current prohibitions on community facilities building
in a required rear yard in the lowest density (R1 and
R2) districts to all other single and two-family districts
(R3A, R3X, R3-1, R4A, R4B & R4-1). Certain types
of community facilities in higher density residence
districts would also be subject to greater restrictions
on rear year obstructions.

About City Planning
The Department of City Planning is responsible for
the City's physical and socioeconomic planning, including
land use and environmental review; preparation of plans
and policies; and provision of technical assistance
and planning information to government agencies, public
officials, and community boards.